Bonum Certa Men Certa

Injustice at Every Level Would Simply Doom the Entire Patent System

Lack of respect for the fundamental laws and for constitutions (or the EPC) means the culprits cannot lecture the public on the need to obey the law

We break the law because we need to run an office to apply the law
And they hope to also enforce the law (with the UPC)



Summary: Repeated failure to restore the Rule of Law and enforce accountability/oversight in Europe's patent system renders the entire system moot; it is a case of adherence to basic constitutional pillars

UTTER LAWLESSNESS has long been a problem in EPOnia. Stakeholders cannot sue anyone but other stakeholders, staff cannot sue the management (no matter the circumstances or severity of grievances), and ILO-AT seems to be 'in bed' with EPO management. The EPO's judges are openly complaining that they lack the independence they require (as per the law) and examiners say they cannot do their job properly anymore.



Only patently dishonest people would claim that there's no problem at the EPO. The future isn't rosy, either. The EPO has issued the "news" "European Patent Office launches new Espacenet, improving access to world’s largest free collection of patent documents" (warning: epo.org link), soon to be boosted by Watchtroll (stenography from litigation fanatics and patent trolls).

"Only patently dishonest people would claim that there's no problem at the EPO."The quality of patents granted by the European Patent Office (EPO) under Campinos and Battistelli is rapidly decreasing, as will the value of these documents. All those software patents would likely perish in practice (e.g. in European courts, if challenged).

As someone noted earlier today in IP Kat comments:

Alice, Mayo and Myriad attempted for policy reasons to limit what was patentable in the computer-related and biotech field. Part of the reasoning was to make sure the 'building blocks of innovation' were not monopolised, i.e. stayed part of the commons. The IP community reacted by simply seeing the increased uncertainty, as you say, but there are much broader ramifications. Unfortunately economists have not jumped in and given us the numbers for how much the economy would benefit or lose. They only do the easy analyses, and don't tackle the really complex things. And if economists don't do this, then government has no way of seeing the real impact of what the Supreme Court was doing. So government sees no point in trying to protect the commons, because in trying to do so it will only see the criticism of the IP and R&D community, without any means to look at the gain.


The EPO has meanwhile moved in the opposite direction of the US. It's introducing all sorts of laughable patent 'families' and uses buzzwords like 'hey hi' (AI) to justify granting patents on mathematics. And who's gonna stop that? The EPO is virtually above the law and when it breaks laws nobody is held accountable. This means that lots of Invalid Patents (IPs) or bogus European Patents (EPs) are being given for those likely to just use them in bulk for blackmail or against small actors for 'protection money'. This is the very opposite of justice.

"...this is a repetition of the same mistakes which led to the granting of loads of fake patents -- patents that simply would not withstand challenge outside the EPO."Surely Max Walters (longtime writer for the patent microcosm) knows that quicker oppositions would mean sloppier ones, i.e. ones that are likely to leave fake patents in tact. But today he echoes a similar 'report' from WIPR 'sphere' (more patent maximalists in the EPO's pockets) by saying that lawyers "welcome opposition speed but want clearer BoA data". To quote: "In-house lawyers in the pharmaceutical industry say data showing that EPO opposition procedures are speeding up provides clarity but that more information should be published on how successful subsequent appeals are."

Speed is the wrong thing to measure. As we noted earlier this week, this is a repetition of the same mistakes which led to the granting of loads of fake patents -- patents that simply would not withstand challenge outside the EPO. The EPO now hopes to 'steal' all the courts -- a subject we'll tackle in the next post.

Recent Techrights' Posts

Open Source Initiative (OSI) Privacy Fiasco in Detail: The OSI Does Not Respect Anybody's Privacy
The surveillance mafia that bans dissent or key people (even co-founders) with dissenting views
 
Links 31/03/2025: China Tensions, Bombs Falling in Myanmar After Earthquake
Links for the day
Gemini Links 31/03/2025: Falling Out of Love With Tech, Sunsetting openSNP
Links for the day
R.T.O. at IBM in Texas and Atlanta (State of Georgia) Expected as "Soft Layoffs" Catalyst This Coming Year
It also sounds like more IBM layoffs are in the making
Law Firms Can Also Lose Their Licence for Clearly Misusing It
The bottom line is, never made the false assumption that because you can pile up SLAPPs in a docket you will not suffer from bad reputation or even get disbarred
Link between institutional abuse, Swiss jurists, Debianism and FSFE
Reprinted with permission from Daniel Pocock
LLM Slop Piggybacking News About GNU/Linux and Distorting It
new examples
Links 31/03/2025: Press and Democracy Under Further Attacks in the US, Attitudes Towards Slop Sour
Links for the day
Gemini Links 31/03/2025: More X-Filesposting and Dreaming in Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 30, 2025
IRC logs for Sunday, March 30, 2025
Links 30/03/2025: Security Breaches, Crackdowns on Dissent/Rival Politicians
Links for the day
Gemini Links 30/03/2025: London Soundtrack Festival, Superbloom, gmiCAPTCHA
Links for the day
Phasing Out Vista 10 in Nations Where ~90% of Windows Users Still Rely on It
Recipe for another Microsoft disaster
The Cost of Pursuing the Much-Needed Reform/Shield Against Strategic Lawsuits Against Public Participation (SLAPPs)
“It is curious that physical courage should be so common in the world and moral courage so rare.”
The LLM Bubble is About to Implode, Gimmicks and Financial Shell Games Cannot Prevent That, Only Delay It
To inflate the bubble MElon is now doing the classic trick of buying from oneself for a fictional value
Links 30/03/2025: Contagious Ideas, Signal Leak, and Squashing Lousy Patents
Links for the day
Links 30/03/2025: "Quantum Randomness" and "F-1 Visa Revoked" in US
Links for the day
Gemini Links 30/03/2025: US as a Threat, Returning to the WWW
Links for the day
Links 30/03/2025: Judge Blocks Dismantling Of VOA, Turkey Arrested Many Journalists
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 29, 2025
IRC logs for Saturday, March 29, 2025
Judges Would Never Rule for Men Who Strangle Women or Against Women Who Merely Wrote Articles About Abuse They Had Received From Men
We don't intend to do "trial by media", so we won't be disclosing claims and defences until it's over
Windows is an Unnatural Disaster, It is Also Avoidable
there's a wide window of opportunity opening
Gemini Links 29/03/2025: Less YouTube and More Station
Links for the day
In Some Countries, Such as Thailand, Firefox is Already Measured at Less Than 2% (One Day Firefox Will Get Blocked, Not Only Lack Support)
Web consolidation around Chrom-isms will doom the Web as we know it
Killing the News With Spam and Slop Benefits Those Whose Desire is an Uninformed Population
adoption of Free software depends indirectly on political activities/activism
Links 29/03/2025: Trademarks Battles, Fires Destroy More Than 3,000 South Korean Homes
Links for the day
Open Source Initiative (OSI) Privacy Fiasco in Detail: An Introduction
Perhaps tomorrow or perhaps next week we'll share more information about what happened and what was reported to the California Privacy Protection Agency
Links 29/03/2025: More Crackdowns on Science, "Hey Hi" Slopping is Flopping
Links for the day
IBM's BS (Bait, Switch) Regarding Ways to Stay Onboard
PIPs, RTOs, and forced relocations are just an illusion of choice (or ability to recover)
Costa Rica Almost Bankrupt Because of Microsoft
the incidents in Costa Rica are Windows incidents
Gemini Links 29/03/2025: Art of Looking, Wireguard, EMacs
Links for the day
Links 29/03/2025: Attacks on Social Security and War Updates
Links for the day
Banned evidence: Ars Technica forums censored email predicting DebConf23 death, Abraham Raji & Debian cover-up
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 28, 2025
IRC logs for Friday, March 28, 2025